Saturday, February 05, 2005

The difference between a but for instruction and a motivating factor instruction

In a Title VII retaliation case, the Fifth Circuit has held that using the "lower standard" on causation of "motivating factor" instead of "but for" is reversible error, according to this Jottings post. The case is here.

Golly, I've argued that before, but I can't remember the circumstance.